PBT President Successfully Argues Medical Negligence Cases Before National Consumer Court On Behalf Of Victims

PBT president, Dr. Kunal Saha, traveled to India and appeared before the National Consumer Forum (NCDRC)last week to argue separate cases of “medical negligence” on behalf of 4 victims who came to PBT seeking justice after losing their loved one from alleged act of medical malpractice. In response to a PIL moved by PBT, Supreme Court of India permitted non-advocates and NGOs to argue as authorized-representative (A/R) in medical negligence cases to help the victims of medical and/or ethical malpractice by doctors and hospitals. In 2009 and 2013, Dr. Saha himself argued the historic case involving his wife’s (Anuradha Saha) wrongful death before the Apex Court and won the highest ever compensation (Rs. 11.5 crore) award against several senior doctors and AMRI hospital in Kolkata. Ever since, Dr. Saha has frequently traveled to India and argued before the Supreme Court and High Courts across India in many important public interest litigations (PILs) against medical corruption and also individual cases of medical negligence. Although while allowing non-advocates to argue before consumer courts, Supreme Court also directed that non-advocates and NGOs may accept up to 25% of the compensation awarded to the victims as service expenses with prior approval from the court, PBT and Dr. Saha have been working and helping the victims of medical negligence completely free of cost. In all 4 cases that Dr. Saha argued before the NCDRC last week including a major case against the Apollo Gleneagles Hospital in Kolkata (seeking compensation of almost Rs. 6 crore), court accepted all complaints prima facie and issued against the accused doctors/hospital (see news below),

Telegraph (Jan. 11, 2018)